HC Deb 08 February 1999 vol 325 cc58-9W
Sir Robert Smith

To ask the Secretary of State for Scotland what was the average annual cost of a legal aid case in each of the last five years; what was the annual change in(a) real and (b) cash terms; and if he will make a statement. [69022]

Mr. McLeish

The information is set out in the table.

Sir Robert Smith

To ask the Secretary of State for Scotland what was the total expenditure on legal aid in each of the last five years; what was the annual change in expenditure in cash and real terms; and if he will make a statement. [69023]

Mr. McLeish

The information is set out in the table.

£ million
1993–94 1994–95 1995–96 1996–97 1997–98
Total expenditure on legal aid cases 124.418 132.052 133.36 143.149 145.065
Change in cash terms n/a +7.634 +1.308 +9.789 +1.916
Change in real terms n/a +5.774 -2.466 +5.514 -1.761

From 1 July 1999, this will be a matter for the Scottish Parliament.

Sir Robert Smith

To ask the Secretary of State for Scotland what are the current eligibility criteria for receiving legal aid; and if he will make a statement. [69024]

Mr. McLeish

Advice and assistance on matters of Scots law is available without contribution to any applicant in receipt of income support, income-based Job Seeker's Allowance and family credit. It is also available without contribution to any applicant whose disposable income (in respect of the 7 days up to and including the date of application) does not exceed £72 and whose disposable capital does not exceed £1,000. Advice and assistance is also available subject to a contribution to any applicant whose disposable income is between £72 and £172 and whose disposable capital does not exceed £1,000.

Assistance by Way of Representation (ABWOR) is a form of advice and assistance available in criminal proceedings and in certain non-criminal proceedings such as mental health tribunals and failure to obey a court order. Solicitors can provide ABWOR if an applicant satisfies the advice and assistance financial tests.

Civil legal aid is available subject to applicants satisfying the statutory tests of financial eligibility, probable cause and reasonableness. It is available without contribution to any applicant in receipt of income support or income-based Job Seeker's Allowance. It is also available without contribution to applicants whose annual disposable income and capital do not exceed £2,625 and £3,000 respectively. Applicants with an annual disposable income between £2,625 and £8,571 and disposable capital between £3,000 and £8,560 must pay a contribution.

Summary criminal legal aid is granted by the Scottish Legal Aid Board and solemn criminal legal aid is granted by the courts.

No formal means test is applied to an applicant for criminal legal aid. Instead, it must be demonstrated that the accused could not meet the expenses of his defence without causing undue hardship to himself or his dependants. In addition, applicants for summary criminal legal aid must be able to demonstrate that it is in the interests of justice that it be awarded.

We are committed to ensuring access to justice, effective targeting and value for money from the legal aid budget.

From 1 July 1999, this will be a matter for the Scottish Parliament.